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§ 3323. Unlawful conduct

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 52 P.S. Mines and Mining

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 52 P.S. Mines and Mining (Refs & Annos)
Chapter 28. Noncoal Surface Mining Conservation and Reclamation Act (Refs & Annos)
52 P.S. § 3323
§ 3323. Unlawful conduct
(a) General rule.--It shall be unlawful to do any of the following:
(1) Violate the provisions of this act or the regulations adopted hereunder.
(2) Fail to comply with any order, permit, or license issued under this act.
(3) Cause air or water pollution in connection with mining and not otherwise proscribed by this act.
(4) Hinder, obstruct, prevent or interfere with the department or its personnel in the performance of any duty hereunder.
(5) Violate the provisions of 18 Pa.C.S. § 4903 (relating to false swearing) or 4904 (relating to unsworn falsification to authorities).
(b) Failure to comply with other statutes.--Failure to comply with the statutes enumerated in section 7(c)(9)1 during mining or thereafter shall render the operator liable to the sanctions and penalties provided in this act for violations of this act and to the sanctions and penalties provided in the statutes enumerated in section 7(c)(9) for violations of the statutes. Failure to comply shall be cause for suspension or revocation of any approval or permit issued by the department to the operator for the site on which the surface mining operation is located. However, a violation of the statutes in section 7(c)(9) shall not be deemed a violation of this act unless this act's provisions are violated but shall only be cause for suspension or revocation of the operator's permit for the site on which the surface mining operation is located. Compliance with the provisions of this act and the statutes enumerated in section 7(c)(9) shall not relieve the operator of the responsibility for complying with the provisions of all other applicable statutes. Nothing in this subsection shall be construed to limit the department's authority to regulate activities in a coordinated manner.
(c) Provisions violators are subject to.--Any person engaging in conduct prohibited by subsection (a) shall be subject to the provisions of sections 21 and 222 and this section.
(d) Court proceedings authorized.--The department may institute, in a court of competent jurisdiction, proceedings against any person who fails to comply with the provisions of this act, any rule or regulation issued hereunder, any order of the department or the terms and conditions of any license or permit.

Credits

1984, Dec. 19, P.L. 1093, No. 219, § 23, effective in 60 days.

Footnotes

52 P.S. § 3307(c)(9).
52 P.S. §§ 3321 and 3322.
52 P.S. § 3323, PA ST 52 P.S. § 3323
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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